Monday, 7 September 2015

Sources of law legislation

1.  Judicial Precedent
          The doctrine of stare decisis started in India from the British rule. All cases are now recorded and new cases are decided based on existing case laws.Today, the judgment of SC is binding on all courts across India and the judgment of HC is binding on all courts in that state.

2.  Legislation
          In modern society, this is the only way to bring in new laws. The parliament, in accordance with the needs society, constitutes new laws. For example, a new way of performing Hindu marriages in Tamil Nadu that got rid of rituals and priests was rejected by the SC on the basis that new customs cannot be invented. However, TN later passed an act that recognized these marriages.
          Also, most of the Hindu laws have now been codified as mentioned in the beginning.

3.  Customs and Practices
          The meaning of culture is similar to the meaning of custom. A customis more about practices, while culture is more about ideas or a group ofcustoms. A custom overall is just similar to culture and culture means the way of life of a people.

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